RJD ENGINEERING INC. 8WEST BROAD STREET -SUITE 700 HAZLETON, PA 18201 Phone: (570) 459-2609 Fax: (570) 459-1047 E-mail: jdjoey@ptd.net  Butler Township Planning Commission and Supervisors  January 9, 2024  83 Corporate Drive Drums, PA 18222  RE: LUZERNE COUNTY KIS LYN PARCEL SKETCH PLAN PROPOSED 481 LOT MAJOR SUBDIVISION 536. ACRES IN SOUTHERN BUTLER TOWNSHIP  REVIEW: #1  Dear Planning Commission Members and Supervisors: Benesch for the above referenced project: P.E. dated December 22, 2023  RJD Engineering, Inc. has reviewed the following information submitted by Alfred Alli items referenced in the transmittal letter to Butler Township by Kevin A. Marmas, Wel have reviewed the above information in a cursory nature (to aid the applicant in the development of Preliminary Subdivision Development Plans) based on the general requirements for Land Development Approval as described: int the Butler' Township! Zoning Ordinance (ZO) adopted onl February 11,2014, the ButlerTownshipi Subdivision and Land Development Ordinance (SALDO) and the Butler Township Stormwater Management Ordinance (SMO). The Ordinance section references refer to the SALDO unless otherwise  noted. We offer the following comments for your consideration:  General:  The Applicant, Luzerne County, is proposing to subdivide a 536-acre property in the SR, RA, and RC Zoning Districts in southern Butler Township. The proposed project will consist of subdividing the property into 48 individual lots. The proposed uses of all the proposed lots have not been identified on the plans. It appears most of the proposed lots will have access to existing Butler Township owned roadways therefore no new roadways will be required for this proposed subdivision. There is public sewer available in the general area of most of the property however there is no public or central water  system available.    PAGE2-LUZERNE COUNTY KIS LYN PARCEL SKETCHI PLAN PROPOSED 48 LOTI MAJOR SUBDIVISION- REVIEW# #1  1.A Aj proposed access driveway tie-in construction detail is required on the plans for all lots that do not have existing road frontage.. Ataminimum the tie-in detail mustindicate available and required sight distance in both directions on the existing roadway, how thee existing drainage patterns are tol be maintained at the roadway connection point, the proposed pavement sawcut and seal line, and the required clear sight triangle information. A Butler Township Road Occupancy Permit will be required for all proposed driveways connecting to al Butler Township owned roadway.  SALDO Comments:  1. 306.9 & 617.A: A copy of the plans must be submitted to the Valley Regional Fire Chief for his review and comment. The fire fighting system must fully comply with 2. 307.A: Plans must be sent to the Luzerne County Planning Commission and Luzerne County Engineering Office for their review and comment. Sincel Luzerne County is the applicant on this project, we are unsure exactly how this process will bel handled by the 3. 307.C & 503.E.10: A Sewage Facilities Planning Module must be approved by PA DEP prior to Preliminary Plan Approval. Any proposed lot within 150 feet of an existing Butler Township Wastewater Department owned sanitary sewer main must connect to the existing public sewer system according to the Butler Township Wastewater Department Regulations. Also, if an existing sewer. main is required to be extended to service a proposed lot, the construction of the sewer extension must be completed before final subdivision approval or security for the cost of the construction of the sewer extension must be provided to Butler Township. Also, if any of the proposed lots do noti intend to connect to the existing public sanitary sewer, eitheral PA DEP non-building waiver form must be completed for that particular lot (if the lot qualifies for the use of the form) or on-lot sewage testing must be competed for that 4. 310 & 708: A Land Development Improvement Agreement must be submitted for review and executed by both thel Developer and the' Township Supervisors priortoF Final 5. 311 & 703: An Improvement Guarantee for all required improvements must be  Section 617.A oft the SALDO.  County.  particular lot.  Approval.  submitted to the' Township prior to Final Approval.    PAGE3-LUZERNE COUNTY KISLYN: PARCELSKETCHPLAN PROPOSED 48 LOTI MAJOR SUBDIVISION-REVIEW#I  6. Article IV: The Resource Conservation Standards and the Greenway Delineation Standards of Article IV shall apply to this proposed development. Both Class A and 7. 501: A north arrow, graphic scale, location map, and existing zoning requirements must 8. 501.B.2, 502.F.2.c: The address of the surveyor responsible for the plan must be added 9. 501.B.8: Topographical and physical features, including existing structures, wooded areas, hedgerows and other significant vegetation, steep slopes, soil types, ponds, streams within one hundred (100) feet of the tract, and existing rights-of-way and 10. 502.A.3: Each plan sheet shall be numbered and shall show its relationship to the total 11.502.C: An Existing Resource and Site Analysis Plan must bes submitted for review. All required survey information must be provided on the plan such as the existing monumentation used to establish the property boundary survey, benchmark location, description & elevation and the datum used to establish the topography. 12. 502.D: A Preliminary Resource Conservation Plan must be submitted for review. 13. 502.E: The Four-Step Design Process for Subdivisions must be utilized.  Class B Open Space must be provided. be added to all oft the plans.  tot the plan.  easements must be added to the plan.  number of sheets.  14. 502.F.2.h: The names of all owners of all adjacent lands with appropriate deed 15. 502.F.2.1: All existing utilities, pavement widths and road right of way widths adjacent to the subject parcel must be added to the plan. Also, the owner off all existing roadways must be listed on the plan. The sanitary sewer manholes must be clearly shown and the method of providing sanitary sewer service for each proposed lot must 16. 503.D: The bearing and distance information for the property outbound must be provided. Also, all existing monuments and markers must be shown on the plan. 17.5 503.E.2: Centerline profiles of any proposed access driveways for lots without road frontage, sanitary sewer main extensions, and stormwater piping must be provided.  references must be added to the plan.  be clearly identified.    PAGE4-LUZERNE COUNTY KIS LYNPARCEL SKETCH PLAN PROPOSED 48 LOT MAJOR SUBDIVISION- REVIEW#1  18. 503.E.10.c: If any of the proposed development encroaches on an existing waterway a PADEP and/or US Army CorpsofEngineers Waterway Encroachment and Obstruction 19. 503.E.10.f: Al PAI DEP Public Water Supply Permit may be required due to the amount 20. 503.E.12: A construction cost estimate for all required site improvements completed 21.5 503.F: A NPDES Permit for Stormwater Discharges Associated with Construction Activities and E&S Plan Approval from the Luzerne Conservation District may be required prior to Preliminary Approval. See stormwater management comment at the  Permit will be required.  ofindividual on-lot water wells required for this subdivision. byap professional engineer must be submitted for review.  end of this report.  22. 503.I.5: A wetland delineation report is required.  23. 503.1.7: A copy of any pressure sewer design must be provided to the Township for review and approval. Also, if the sewage generated by this proposed subdivision is conveyed to the existing Drums Sewage Pump Station owned by the Butler Township Wastewater Department the pump station must be evaluated to. determine if there are 24. 603.E.1: A 25-foot undisturbed wooded buffer is required around all wetland areas. 25. 608.H: The clear sight triangle requirements for all proposed driveways must be 26. 612: All individual lot driveways shall conform to Section 612 of the SALDO and the  any upgrades to the station required.  complied with.  Butler Township Driveway Ordinance.  27. 616: Survey markers and monuments must conform to Section 616.  28. 617.B: A minimum storage capacity of 10,000 gallons shall be provided by the applicant for a subdivision of 5 building lots not served by aj public water supply with sufficient fire flow volume. Additional storage of 500 gallons, must be provided for every additional lot. Storage facilities may be ponds with dry hydrants, underground storage reservoirs, or other acceptable methods. Where ponds are proposed for water storage, the capacity of the pond should be calculated based on the lowest water level less an equivalent of three (3) feet of ice. Ponds must be capable of maintaining the required volume through natural, or designed features, to be approved by the Township    PAGES-LUZERNE COUNTY KIS LYNPARCELSKETCH: PLAN PROPOSED 48 LOT MAJOR SUBDIVISION - REVIEW #1  Engineer. The developer shall ensure that access to the water source is provided within 2,000' (road distance not point to point) of any buildable point within the sub-division. Thisi may bei met eithert through the use of ponds, cisterns, orac combination. Regardless of the type of static source provided, the system shall be installed in compliance with NFPA 1231, excepting where the' Township imposes specific requirements. The piping for the hydrant shall be installed at least 3 feet below the frost line and average ice depth of the water source. The strainer shall be located below the surface of the water atad depth that is greater than 3' below the average ice depth of the water (and the water surface) and no less than six inches (6") from Cisterns or tanks with hard bottoms and two feet (2') from the bottom of creeks or ponds. The strainer shall have a clean out cap installed for maintenance. The vertical distance from the water surface to the centerline of the hydrant head shall not exceed 10 feet. The Dry Hydrants shall be capable of supplying a 1500 gpm pumper operating at 100 percent capacity at 150 psi through 10' of6"s suction hose. Dry hydrants shall be terminated with a 90° dry hydrant head with 6" NST female swivel threads and a cap. The centerline of the head shall be 3' from the ground. All piping used in the dry hydrant shall be primed with a PVC primer to prevent deterioration. The hydrant head shall be connected to the piping using ai tapered coupling. Thej plumbing should be no less than 6-inch schedule 40PVC pipe with the number of 45 and 90-degree elbows kept to a minimum. There shall not be any more than 10: feet of vertical "lift" from the center of the swivel adapter to the top of the water. The inlet of the hydrant must have a screen capable of flowing the capacity of the plumbing with no holes larger than 44 inch. Where the dry hydrant or other water source is not within the right-of-way of a proposed or existing road, an easement to the' Township for access to and maintenance shall be provided. A suitable accessway to the hydrant or other water source shall be constructed. There shall be no obstructions. in front of, ten (10) feet to the sides of, and five (5): feet behind thel hydrant. The Planning Board may waive the requirement for water storage only upon the Fire Chief has indicated in writing that alternate methods of fire protection are available. A developer's agreement for maintenance, inspection, and or ownership, of any facility governed by this ordinance shall be provided and approved prior toi final approval. 29. 618.C-E: Aquifer testing is required since this proposed subdivision will require more than 15 individual on-lot water wells. All aquifer testing to bei in conformance with the methods and requirements outlined in the latest edition of the PA DEP Public Water Supply Manual. Prior to the completion of the testing, the developers' engineer/geologist must contact the Township to discuss the scope of the testing. Design calculations and testing results for all proposed water facilities shown on the  plan must be submitted to the Township for review and approval.    PAGE6-LUZERNE COUNTY KIS LYN: PARCEL SKETCH PLAN PROPOSED 481 LOT MAJOR SUBDIVISION- REVIEW#1  30. 619: The proposed sanitary sewer system extensions must comply with the Butler Township Wastewater Department Regulations, as amended. A copy of the plan set 31.619.J&K: A 20 foot wide easement must be provided for all proposed sewage conveyance lines to be dedicated to the Wastewater Department for all lines to be located outside ofa a' Township Right of Way. Also, a note must be located on the plan stating that as-built drawings will be provided to the Wastewater Department within 6 32. 620.4.F:. Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement ofnot less than twenty-five (25) feet on each side of the stream: from each stream bank, or such additional width as will be adequate to preserve the 33. 620.4.J: Drainage easements ofar minimum (10) feet in width shall bej provided on each side of all side and rear lot] lines and adjacent to street rights-of-way. 34. 621: All proposed electric, telephone, cable, and gas line extensions (if applicable) and their related appurtenances must be shown on the plans. Furthermore, will serve letters must be provided for all proposed utilities. Finally, all utility providers must be listed 35. 622: All existing and proposed utility easements must be shown on the plan. 36. 624: The proposed Recreational Fee of $500.00 per building lot must be paid prior to 37. 625: A Landscape Plan must be provided. This plan, at a minimum, must show all vegetation toi remain, all vegetation to be planted and all proposed ground surface cover 38. 706.1.3: In the case where roads, drainage facilities, or central water supply, or any other improvements are to remain private, the Developer shall provide for the establishment of an escrow fund in accord with SALDO Section 703.1 to guarantee the operation and maintenance of the improvements. Said fund shall be established on a permanent basis with administrative provisions approved by the Supervisors. The amount of said fund shall be established by the Supervisors, but in no case shall be neither less than fifteen (15) percent nor more than twenty-five (25) percent of the construction cost of the system as verified by the' Township Engineer.  must be sent to their engineer for review and comment.  months after the completion of construction.  unimpeded flow of the watercourse.  on the plans.  Final Approval.  types.    PAGE7-LUZERNE COUNTY KIS LYNI PARCEL SKETCHPLAN PROPOSED 48. LOT MAJOR SUBDIVISION - REVIEW# #1  39. 707: An ownership and maintenance plan for all proposed open space areas will be  required.  Zoning Ordinance Comments:  1. 308: Since it appears the County willl bej pursuing on-lot sewer for some oft the proposed lots the zoning data for on-lot sewer must be added to the plan and all proposed lots with on lot sewer must confirm to the dimensional requirements of the Zoning 2. 415: A Butler Township Road Occupancy Permit shall be required for the proposed 3. 419(2): There shall be no earth disturbance, tree cutting or any structures permitted within 25 feet of all delineated wetland areas unless specifically permitted by thel PA DEP or the US Army Corps of Engineers with the exception of certain stormwater conveyance outfall structures (rock outfall aprons, flow spreaders, etc.) at the 4. 419(3): A Riparian Buffer is required adjacent to all blue line streams as shown on 5. 701(I): The Zoning Officer must review the preliminary plans and supply ai report to  Ordinance.  access roadways onto. Long Run Road.  discretion of the Township Engineer. the Official Butler Township Outfall Map.  the Township.  Stormwater Ordinance Comments:  General: Since there are 48 proposed lots with no new: roadways proposed it is unclear if an overall stormwater management plan will need to be prepared for the entire project or each lot shall require its own stormwater management application permit. It is possible both may be required. Due to the PA DEP "Common Plan of Development or Sale" doctrine we believe an overall stormwater management plan and NPDES permit will be required for this project but that decision is vested with the PA DEP. We suggest that the applicant reach out to the Luzerne Conservation District orl PAI DEP for their determination as soon as possible. If an overall stormwater management plan is required, the plan must bec completed in complete conformance withi thel ButlerTownship: Stormwater. Management Ordinance. The entire property to be subdivided appears to be located in the "A"Release Rate District on the Nescopeck Creek Watershed Map. Based on this determination calculations must bej provided that demonstrate that thej post development release rates have been detained tol be 100% of the pre development release rates for all design storms.    PAGES-LUZERNE COUNTY KIS LYN PARCEL SKETCH PLAN PROPOSED 48 LOT MAJOR SUBDIVISION: - REVIEW#1  Please note that thei information provided to our officel has been reviewed on a cursory basis for consistency with the applicable Butler Township Ordinances only. We make no representation or warranty of the engineering design of any of the information submitted. If you have any questions or require any additional information, please do not hesitate to  email me at ridjoey@ptd.net.  Sincerely, 9m  Clse  Joseph M. Calabrese, P.E.  E-copy:  Mr. Kevin A. Marmas, P.E.  CIVILAND ENVIRONMENTALDESIGN. AND PLANNING CONSULTANTS    pennsylvania DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Clean Water  Common Plan ofDevelopment or Sale  National Pollutant Discharge Elimination System (NPDES) Permits for  Stormwater Associated with Construction Activities  Frequently Asked Questions (FAQ)  Final, May 3, 2019 Version 1.0  Background  According to the Department ofl Environmental Protection's (DEP's) regulations at 25 Pa. Code $ 102.5(a), aperson proposing an earth disturbance activity (othert than agricultural plowing ort tilling activities, animal heavy use areas, timberharvesting activities, or road maintenance activities) that involves at least one acre of earth disturbance, or an earth disturbance on any portion, part, or during any stage of, al larger common plan of development or sale that involves at least one acre ofearth disturbance, must obtain an individual NPDES permit or coverage under a general NPDES permit. This requirement is similar to the U.S. Environmental Protection Agency's (EPA's) This FAQ document was developed to clarify DEP'si interpretation oft the term "common plan of development or sale" for the purpose ofNPDES permit requirements. Nothing in this document affects regulatory requirements. The interpretations herein are: not an adjudication or ai regulation. There is no intent on the part of DEP to give the interpretations in this document that weight or deference. This document provides a framework within which DEP and delegated county conservation districts (CCDs) will exercise administrative discretion in the future. DEP reserves the discretion to deviate from the interpretations in this document if circumstances warrant. Questions related to the interpretations in this document should be directed to the appropriate. DEP Regional Waterways & Wetlands Program, who then may consult with DEP Bureau of Clean  regulations at 40 CFR 122.26(b)(14)0x) and 122.26(b)(15)0).  Water.  FAQ#1: What is a common plan of development or sale?  Thet term "common plan ofdevelopment or sale"isn not defined in federal or state regulations. EPA has defined the term in its General Permit for Discharges from Construction Activities, effective "A contiguous area where multiple separate and distinct construction activities may! be taking place at different times on different schedules under one common plan. The 'common plan' of development or sale is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning  February 16, 2017, as follows:  Common Plan of] Development or Sale FAQ/Final May 3, 2019/Page 1    request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.)indicating construction activities may occur on a specific plot." For example, ifa developer buys a 20-acre lot and builds roads, installs pipes, and runs electricity with the intention of constructing homes or other structures sometime in the future, this would be considered a larger common plan of development or sale. Ift the land is parceled off or sold, and construction occurs on plots by separate, independent builders, this activity still would be subject to NPDES permitting requirements (regardless of the amount of disturbance on each individual The larger common plan of development or sale also applies to other types of1 land development, such as industrial parks or sanitary sewer main construction. A permit is required if at least one acre ofland willl be disturbed, regardless oft the size ofany of the individually-owned or developed NOTE. 1.1 - The term "common plan of development or sale" applies to NPDES permits and associated earth disturbance activities and it does not apply to timber harvesting, road maintenance, or oil and gas activities, as defined in Chapter 102. However, the concepts contained within this] FAQwill be applied to earth disturbance activities associated with timber harvesting, road maintenance, and oil and gas activities in order to determine the applicability  lot) if the smaller plots were: included on the original site plan.  sites.  ofpermits for those earth disturbance activities.  FAQ# #2: Is a common plan of development or sale the same as a "phased project"? A "phased project" is a common plan of development or sale, but a common plan of development or sale is not always a phased project. A phased project is aj project in which aj plan is set forth to improve the same or contiguous lots at different times. This is alsoa common plan ofdevelopment ors sale. Ifthe cumulative earth disturbance associated with thej phased project will be at least one acre, an NPDES permit is required. However, a common plan of development or sale may be For additional information related to phasing of permits, refer to DEP's Permit Guidelines for Phased. NPDES Stormwater Discharges Associated with Construction Activity Permits, Chapter 102 Erosion and Sediment Control Permits and Chapter 105 Waterway Restoration Project  constructed at the same time and would notl be considered aj phased project.  Permits (DEP Document No. 363-2134-013).  FAQ #3: What does the term "life of the project" mean?  Life of the project is a term that is sometimes used to describe a common plan of development or sale from start to finish, including permanent stabilization and permit termination (ifapplicable). NOTE 3.1 - The term "life of the project" specifically applies under Chapter 102 to NPDES permits and to oil and gas activities and their associated earth disturbance activities. The concept of"life ofthe] project" will also be applied to timber harvesting and road maintenance activities to determine the applicability of permits for those earth disturbance activities.  Common Plan of] Development or Sale FAQ/ /F Final May 3, 2019/ /E Page 2    FAQ #4: Is an E&S Plan needed for an NPDES permit application for a common plan of Yes. An E&S Plan is required to be developed and submitted for approval as part of an NPDES permit application. The E&S Plan should cover any earth disturbance activity for which permit  development or sale?  coverage is being sought.  FAQ #5: Is a Post-Construction Stormwater Management (PCSM) Plan needed for an Yes. APCSM Plan is required tol be developed and submitted for approval as part of an NPDES permit application. The PCSM Plan should cover any earth disturbance activity for which permit  NPDES permit application for a common plan of development or sale?  coverage is being sought.  FAQ #6: Can I phase my project to avoid requiring a permit under Chapter 102? No. Aj person cannot phase their project to circumvent the regulatory requirement of obtaining a permit under 25 Pa. Code $ 102.5. Ifa person knows during the planning and/or construction of their project that the earth disturbance will be 1 acre or greater, then an NPDES permit is required NOTE 6.1-Thel DEP Regional Waterways and Wetlands Program, after consultation with the DEP Bureau of Clean Water may require an NPDES permit for any common plan of development or sale, regardless of any examples or information contained within this FAQ Example 6.A- A landowner desires tol build al house and driveway on a vacant lot. The landowner will construct a driveway in one year, which will include 0.8 acre of earth disturbance, and the landowner will permanently stabilize the disturbance. Thei next year the landowner will grade and construct their house, which will include 0.7 acre of earth disturbance. The construction of the house and driveway are a single common plan of development or sale involving 1.5 acres ofearth disturbance. Anl NPDES permit is required prior to beginning earth disturbance for the driveway. Example 6.B - AI landowner owns a 15-acre property without ai means of access. The landowner desires to construct a driveway for means ofaccess their property for recreational purposes, which will include 0.4 acre of earth disturbance, and has no plans to construct a house. Two years after the construction oft the driveway and its permanent stabilization, the landowner: is financially able to construct al house on the 15-acrej property, which will include 0.8 acre ofe earth disturbance. The construction of the driveway and house are two separate common plans of development or sale.  prior toi initiating any earth disturbance for that project.  document.  An NPDES permit is not required.  Common Plan of Development or Sale FAQ/Final May 3, 2019/Page 3    FAQ #7: What are examples of a common plan of development or sale in which an NPDES Example 7.A-A developer plans ai residential subdivision for construction of100 condominiums in] Phase 1,200 single-family homes in Phase 2, and aj park and clubhouse in] Phase 3 over a period of5-10 years on 300 acres. This is a common plan of development or sale. An NPDES permit is Example 7.B - A developer purchases a 20-acre lot and submits a subdivision plan to the municipality to create 10 lots (see Figure 7.B). The developer plans to build ai road with a cul-de- sac and install common utilities to serve future: residences. After completion ofthe cul-de-sac, the developer plans toi market thel lots toi individual buyers who will hire their ownl builders. Individual buyers will have the responsibility to submit development plans to the municipality for their approval, as the subdivision plan does not identify lot improvements. The road and utility work will comprise 0.5 acre of earth disturbance. The builder does not know what amount of earth disturbance will occur on the 10 lots. Nevertheless, because of the development intent of the common plan of development or sale is to perform an earth disturbance activity on the individual lots to construct dwellings and the cumulative earth disturbance will result in at least one acre of  permit is required?  required.  earth disturbance, an NPDES permit is required.  Figure 7.B  Lot1  Lot2  Lot3  Lot4  Lot5  Proposed Road & Cul-de-sac  Water/Sewer  Lot6  Lot10  Lot9  Lot8  Lot7  NOTE 7.B.1 - In general, and unless evidence is presented to the contrary, DEP/CCD will assume that at ai minimum one-halfofa lot will be disturbed for residential development. For the example above, oft the 19.5 acres remaining in the subdivision, it will be assumed that at least 9.75 acres will be disturbed (for a total of 10.25 acres of disturbance) for the purpose of determining whetherl NPDES permitr requirements apply. For other types ofland development,  judgment should be used.  Common Plan ofDevelopment or Sale FAQ/F Final May 3, 2019/Page 4    NOTE 7.B.2- The developer must seek and maintain or transfer NPDES permit coverage for the entire development. The responsibility of permit coverage for the entire common plan of development or sale cannot be avoided. For example, thej permittee cannot conduct earth disturbance activities to build the road, then sell the lots to individual buyers, and then try to terminate permit coverage because the developer does not have a vested interest in the remaining earth disturbance activities. By obtaining permit coverage for the entire common plan of development or sale, the permittee is responsible for all earth disturbance activities Example 7.C- The owner ofai residential property plans to build a single-family home first, then aj patio, pool, and shed on the same. lot after thel home is completed. All ofthis is documented on a development plan that is submitted to the municipality (i.e., development intent). This is a common plan of development or sale. Ifthe cumulative earth disturbance will be at least one acre, NOTE 7.C.1 - If construction of the patio, pool, and shed had not been shown on the development plan for construction of the home, but proposed on a new plan that is submitted following permanent stabilization of earth disturbance associated (and permit termination, if applicable) with the home, then construction of the patio, pool, and shed may be treated as a new common plan of development or sale. This is because the development intent of the NOTE 7.C.1.a - If a new common plan of development or sale affects the function or operation ofal PCSM: BMP installed related to aj previously Chapter 102 permitted activity, then the person proposing the new common plan of development or sale will have to coordinate any revisions to the PCSM BMP with the DEP Regional Waterways and Wetlands Program. For additional information related to this, refer to DEP's Instructions for Notice of Termination, fora General (PAG-02) or Individual NPDES. Permit, ESCP, o7 ESCGP for Stormwater Discharges Associated with Construction Activities (DEP Document No. 3800-PM-BCW0229b) or contact the appropriate DEP Regional Example 7.D - A person owns two contiguous lots and decides to build a single-family home on each lot with as shared driveway to serve both lots (see Figure 7.D). Construction on the first loti is expected to begin immediately upon approval and will involve 0.5 acre of earth disturbance. Construction on the second loti is not expected tol begin until thel lot is sold and is expected to also involve 0.5 acre of earth disturbance. This is a common plan of development or sale. Since the earth disturbance will be at least one acre, an NPDES permit will be required prior to construction  included int the permit. Also see. FAQ#3 regarding life ofthe project.  anl NPDES permit will bei required.  construction oft the home did not include the patio, pool, and shed.  Waterways and Wetlands Program.  on the first lot.  Common Plan ofDevelopment or Sale FAQ/F Final May 3, 2019/Page 5    Figure 7.D  LOD  Future Earth Disturbance=0.5 acre  Future House  Proposed Shared Driveway  Lot2 Lot1  Proposedi Earth Disturbance=0.5 acre  Proposed House  LOD  Example 7.E-Ar roadway widening project is] proposed fora a stretch of three miles. One mile will be widened ini the first year oft the project, followed by two miles in the second year of thej project. The earth disturbance associated with the three-mile widening project will be just over one acre. NOTE: 7.E.1-F Roadway widening is not considered: ai road: maintenance activity in accordance Example 7.F - There are two existing, developed and contiguous lots in an urbanized area. A developer purchases both lots with plans to demolish all structures and redevelop. On lot 1 the developer plans to develop ai restaurant, which will involve 0.5 acre of disturbance. On lot 2 the developer plans to develop a convenience store and gas station, which will also involve 0.5 acre of disturbance. The developer submits a single land development plan for both lots toareviewing agency (e.g., County Conservation District, municipality, etc.) for approval. This is a common NOTE 7.F.1-1 Ift the developer submitted development plans for each lot independently, an NPDES permit would not be required unless there is a shared or common interest or infrastructure (e.g., utility, BMP (E&S and/or PCSM), parking lot, driveway, etc.). Example 7.G-The construction ofa gas distribution line would be considered a common plan of NOTE 7.G.1-1 Refer to FAQ; #3 above for information regarding oil and gas activities, including  This activity will require an NPDES permit.  with 25 Pa. Code $ 102.1; therefore, it is subject to NPDES permitting.  plan of development or sale that requires an NPDES permit.  development or sale. transmission facilities.  Common Plan ofI Development or Sale FAQ/Final May 3, 2019/Page 6    FAQ#8: What ifaj project involves discrete earth disturbance activities on different areas of the same or contiguous lots - would this constitute a common plan of development or sale? In accordance with EPA guidelines, discrete construction projects within al larger common plan of development or sale that arel located at least 1/4-mile apart (from the limits of disturbance): may be treated as a separate plan of development or sale if the area between the projects is not being disturbed and anyinterconnectingr road, pipeline, or utility project thati is part ofthe same "common Ifas separate and discrete earth disturbance is within 1/4-mile ofa another separate and discrete earth disturbance, then those disturbances are considered to be part of the same common plan of development or sale. Therefore, for linear projects, each separate and discrete earth disturbance has tol be evaluated individually for determining whether NPDES permit requirements apply (refer NOTE 8.1 - If a project obtains coverage under an NPDES General Permit, and then the contractor wants to utilize an off-site support facility within 1/4-mile oft the original permitted activity (i.e., limit of disturbance), but the off-site support facility requires coverage under an NPDES Individual Permit, the entire project (original permitted activity and off-site support Example 8.A-Autility company isj planning to: replace 20 electric poles, withi no earth disturbance between the pole sites. Poles are spaced 1,200 feet apart (less than 1/4-mile). Earth disturbance associated with each replacement will be approximately 0.05 acre (see Figure 8.A). Since the disturbance within 1/4-mile on each side ofas singular! pole is less than one acre, an NPDES permit  plan" is not concurrently being disturbed.  tol Examples 8.A-8.E).  facility) would require coverage under thel NPDES Individual Permit.  is not required.  Figure 8.A  0.05-acre disturbance 1,200' (<1/4-mi.)  1,200' (181 more) (<1/4-mi.)  Utility Pole  Example 8.B - A utility company is planning to replace electric towers, with no earth disturbance between the tower sites. Towers are not regularly spaced; some are spaced less than 1/4-mile, while some are spaced at least 1/4-mile. Earth disturbance associated with each replacement will  vary based upon the uniqueness of each tower's location (see Figure 8.B).  Common Plan of Development or Sale FAQ/Final May 3, 2019/Page 7    Figure 8.B Area 3:0.5a ac. 1,200' (<1/4-mi.) earth disturbance  Area 1:0.5ac. 1,500' (>1/4-mi.)  Area 2: 0.6ac. 1,200' (<1/4-mi.)  Area 4:0.4ac.  Area 5:0 0.8ac.  1,500' (1/4-mi.)  Utility Pole  In this example, all oft the electric tower replacements are all being accomplished under a single project by the utility company; however, all oft the electric tower replacements are not considered tol be part oft the same common plan ofd development or sale for NPDES permitting purposes. Area liss separated from. Area 21 by at least 1/4-mile; therefore, Area 1 is not part of the same common plan of development or sale as Area 2. Area 2 is separated from Area 3 by less than 1/4-mile; therefore, Area 2 and. Area 3 are considered part oft the same common plan ofdevelopment or sale. Because Area 2 (0.6 ac.) and Area 3 (0.5 ac.) are at least 1 ac. of earth disturbance, an NPDES permit is required for Areas 2 and 3. Area 3 is separated from Area 4 by less than 1/4-mile; therefore, Area 3 and Area 4 are considered part oft the same common plan of development or sale. However, because Area 3 (0.5 ac.) and Area 4 (0.4 ac.) are less than 1 ac, of earth disturbance, Area 4 is not required to be included in the NPDES permit. Area 5i is separated from Area 4 by at least 1/4-mile; therefore, Area 5: is not part of the same common plan of development or sales as Area 4. All Areas are, however, subject to the requirement to develop and implement an E&S NOTE 8.B.1 - If there are multiple non-contiguous earth disturbance areas that require an NPDES permit (e.g.,A Areas 2 and 3) fort the same] project, then all ofthe areas requiring NPDES permit coverage can bei included in the same. NPDES permit (i.e., separate NPDES permits are not required). In other words, if Area 5 in the example above required permit coverage due to disturbance of at least one acre, it may bei included in the permit for Areas 2 and 3. Example 8.C- A land development plan for a commercial office building is proposing an earth disturbance of0.7ac. However, there is not enough space on the subject property fort the required contractor staging areas and laydown yards. Off-Site Support Area 1 will have 0.3 acres of non- contiguous earth disturbance with the Project Site, and Off-Site Support Area 1 is located less than 1/4-mile from the Project Site. Off-Site Support. Area 2 will have 0.6 ac. ofnon-contiguous earth disturbance with the Project Site, and Area 2 is located at least 1/4-mile from the Project Site (see  Plan.  Figure 8.C).  Figure 8.C Project Site: 0.7ac.  Off-Site Support Area 2:0.6 ac.  Off-Site Support Area 1:0.3ac.  2,000' (>1/4-mi.)  1,000' (<1/4-mi.)  earth disturbance (typ.)  Common Plan ofDevelopment or Sale FAQ/ /Final May 3, 2019/ /I Page 8    The Project Site and Off-Site Support Area 1 are considered part of the same common plan of development or sale, because Off-Site Support Area 1 is separated by less than 1/4-mile from the Project Site. Because thel Project Site (0.7 acre) and Off-Site Support Area 1 (0.3 acre) are at least lac. ofe earth disturbance, an NPDES permit is required for the Project Site and Off-Site Support Area 1. However, Off-Site Support Area 2 is at least 1/4-mile away from the Project Site; therefore, Off-Site Support. Area 2: isi not considered part ofthe same common plan of development ors sale with the Project Site. Off-Site Support Area 2 is not required to be included as part ofthe Example 8.D - A developer is constructing a small logistics center that includes an earth disturbance activity of 5.5 acres (Project Site). A borrow area (Borrow Area) is required for fill material for the project. This borrow area will be 0.8 acres of earth disturbance and located more than 1/4 mi. away from the main earth disturbance but located on the same property. However, an access drive (Access Drive) will have to be constructed for the contractor access the borrow area, and this will include 0.2 acres of earth disturbance. The earth disturbances for the Project Site, Borrow. Area, and. Access Drive are all contiguous. Additionally, the contractor must grade as staging area (Staging Area) for their equipment, which is 0.4 acre of earth disturbance (which is not contiguous with the earth disturbance fort the main area) and located less than 1/4 mi. from the main earth disturbance. All of the earth disturbances identified area the same common plan of development or sale, and an NPDES permit is required to cover the 6.9 acres of earth disturbance  NPDES permit.  (see Figure 8.D).  Figure 8.D Project Site: 5.5a ac.  Borrow. Area: 0.8 ac. 2,000' (>1/4-mi.)  Staging 0.4ac. Area:  1,000' (K1/4-mi.)  Access Drive: 0.2 ac.'  earth disturbance (typ.)  Example 8.E- A utility company is constructing new trunk lines off an existing transmission line tos servet twoi residential subdivisions. Thel limits ofd disturbance for thet two trunk lines willl be 0.75 acre each and will be at least 1/4-mile apart. An NPDES permit is not required. Example 8.F- A farmer is seeking to build a new barn, which will involve an earth disturbance of0.6 acre. Approximately 1,000 feet (i.e., less than 1/4-mile) from the limit of disturbance for the barn, the farmer is seeking to construct a new manure storage facility (where the earth disturbance for the manure storage will occur at the same time as the earth disturbance for the  Common Plan of Development or Sale FAQ/ /Final May 3, 2019 /Page 9    barn), which will involve an earth disturbance of0.4 acre. Thisi is a common plan of development NOTE 8.F.1 - If the limit of disturbance of the manure storage facility was more than 1/4- mile from the limit of disturbance oft the barn, an NPDES permit would not be required unless an earth disturbance activity connects the two locations (e.g., construction of an access drive, Example 8.G - A state highway will be improved over a three-mile stretch, which will include resurfacing and the widening of entrance and exit ramps. The widening part of the project will involve 0.9 acre of disturbance. A material staging area is planned 1/4-mile from the limit of disturbance, adjacent tot the resurfacing project, with an earth disturbance of0.1 acre. An NPDES permit is not required because the material staging area is at least 1/4-mile from the limit of disturbance associated with highway widening (note that the resurfacing is a road maintenance  and an NPDES permit would be required.  manure transfer pipe, etc.).  activity, not subject tol NPDES permit requirements).  FAQ #9:1 Ia am selling or developing existing road frontage lots, in which there are no shared utilities, and each lot will havei its own separate BMPS. Is an NPDES permit required if the DEP would not consider existing road frontage lots to be part of the same common plan of development or saleifthere are: no shared utilities or BMPS (E&S and/or PCSM BMPs), regardless ofwho owned and developed the lots. An NPDES permit would be required for any lot where the However, if the municipality were to require curbing, road widening, sidewalk installation, etc. (i.e., a common interest) to be constructed across all lots at one time (as opposed to constructing at the time of each lot's development), then all earth disturbance (including each lot) would be considered part of the same common plan of development or sale, subject to NPDES permit requirements if the total disturbance is at least one acre. The developer would be required to seek NPDES permit coverage on behalfofindividual lot owners, ifthe lots will be or have been sold. NOTE 9.1 - Ifa utility (water, sewer, etc.) is extended, whether by the developer, authority, or municipality, to only serve the proposed site development, then the utility extension is considered part of the same common plan of development or sale as the site development. However, if a municipality or authority is extending a utility (water, sewer, etc.) to serve a larger area, which includes the proposed site development, then the utility extension is not considered part of the same common plan of development or sale as the site development. NOTES 9.2-Ifthe grading for any lot would require an earth disturbance activity on an adjacent lot, then these two lots would be considered part oft the same common plan of development or  total earth disturbance is at least one acre?  earth disturbance on that individual lot will be at least one acre.  sale.  Common Plan ofDevelopment or Sale FAQ/F Final May 3, 2019/Page 10    FAQ #10: I am selling or developing existing road frontage lots in which all structures will be connected to the public sewer that has to be extended to serve the project and there will be a common BMP to manage stormwater. Is an NPDES permit required? Yes, ift the total earth disturbance for all lots will be at least one acre. Ifthere is at least one shared utility, BMP, or otheri interest amongst lots planned for construction, those lots are considered part of the same common plan of development or sale and subject tol NPDES permit requirements. FAQ#11: Are public plans considered common plans of development or sale?  A public entity (e.g, municipality, state, or federal agency) need not consider all construction projects within theirj jurisdiction to be part ofa larger common plan of development or sale. For example, construction of roads or buildings in different parts ofa state, county, or city could be considered separate common plans. Only the interconnected parts of a project would be considered to be al larger common plan of development or sale (e.g., a building and its associated  parking lot and driveways, an airport runway and associated taxiways, etc.).  FAQ #12: Are long-range development plans considered common plans of development or Long-range development plans or "master plans" often include conceptual plans for future development. Master plans may contain both conceptual and specific development plans. Where future development activities would happen over an extended period of time, the conceptual phases of development can be considered separate common plans ofdevelopment or sale (i.e., not part ofal larger common plan of development that includes specific development plans) provided that the periods of construction forj plysicalyintercommected phases will noto overlap. This applies to public entities (e.g., airport authorities, universities, school districts, etc.) that largely rely upon future needs and available funding for their proposed development and construction. NOTE 12.1 - Long-range development plans or "master plans" are not applicable to private residential, commercial, and/or industrial land developments or subdivisions. NOTE. 12.2- The "master plan" exclusion to a common plan of development or sale would be discontinued iftwo separate projects were submitted to ai reviewing agency as part ofthe same land development plan (as described in Example 6.F above). Additionally, if the combined earth disturbance for that common plan of development or sale is at least 1 acre and are within 1/4-mile of each other (as described in FAQ #8 above), then an NPDES permit would be Example 12.A = An airport authority has developed an Airport Layout Plan which identifies potential long-range development oft the airport property. The. Airport Layout Plan would not be considered a larger common plan of development or sale (i.e., each project would be its own  sale?  required.  common plan of development or sale).  Common Plan ofDevelopment or Sale FAQ/Final May 3, 2019/Page 11    Example 12.B - A school district buys more. land than needed for a new school, to be constructed int the short-term, with ani indefinite plan to add more classrooms and a sports facility in the future. The indefinite plan would be its own common plan of development or sale separate from the  common plan of development or sale for the new school building.  FAQ #13: Does the timing of construction matter when considering a common plan of Ins some circumstances the timing of construction will matter. DEP recognizes that development plans evolve over time. An owner of two lots may generate plans to develop one of these lots, while the other sits idle waiting for investment or other opportunities to materialize. Another example could be that a residential property owner may wish to include a pool on their building plans while a home is under construction, but not construct the pool until after the home is built, Development intent is the overriding principle determining when NPDES permit coverage may be required for a common plan of development or sale (see FAQ#6). DEP/CCD may consult with Ifap person (or others with al business relationship with the person) decides to pursue construction that will result in earth disturbance activities on the same or a contiguous lot after original construction is complete (i.e., the site is permanently stabilized and NPDES permit coverage is terminated, if applicable), the additional construction is treated as a new common plan of development or sale for NPDES permit purposes. If, however, a plan for additional construction is presented to a municipality before original construction is complete, then the additional construction is considered part ofa a single common plan of development or sale. NOTE. 13.1-I Iffi future development on aj property/parcel (that does not require coverage under an NPDES permit) will utilize existing PCSM BMPS that were installed under an NPDES permit, then authorization to: modify the existing recorded instrument: fort the PCSM BMPs will have to be obtained from DEP in order to utilize and/or modify the PCSM BMPs. Example 13.A - The owner of a business park plans to expand the footprint of the building, resulting in 0.9 acre of earth disturbance. A development plan is submitted to the municipality that reflects the building expansion. An NPDES permit is not required, but an. E&S Plan must be developed and implemented. Following completion of construction and permanent stabilization oft the project site, the owner decides to expand the parking lot, which will result in an additional 0.6a acre of earth disturbance. A separate and distinct plan is submitted to the municipality for this expansion. An] NPDES permit is not required: for the parking lot expansion, but an E&S Plan must be developed and implemented. This is because the original development intent of the first Example 13.B -After a house is built and occupied and the earth disturbance has been permanently stabilized, any future construction on that lot (e.g., reconstruction after a fire, adding apool ora additional parking area, etc.), would be considered as ar new common plan ofdevelopment Example. 13.C-4 Aj property owner submits a development plan to the municipality, which includes the construction ofa dwelling, driveway, pool, and detached garage. However, prior to or during  development or sale?  local municipalities to evaluate development intent.  building expansion did not include the parking lot expansion.  or sale.  Common Plan of] Development or Sale FAQ/Final May 3, 2019 /1 Page 12    construction, the property owner decides to scale back their building plans and does not construct the pool or detached garage. Nonetheless, the pool and detached garage would be considered part oft the same common plan of development or sale with the dwelling and driveway, because they were included ini the documentation to the municipality. An NPDES permit would be required if the total disturbance will be at least one acre. Ift the property owner amends the plans submitted tot the municipality, future construction oft thej pool and detached garage could be considered ai new Example 13.D - A development project consisting of1 15. acres of earth disturbance has an area of contaminated soils, and these soils will have to be remediated, which will involve 0.75 acre of earth disturbance, prior to the construction of the development. The earth disturbance activity to remediate the contaminated soils is considered part of the common plan of development or sale for the development project. Therefore, NPDES permit coverage is required to be obtained prior tob beginning the earth disturbance activity to: remediate the contaminated soils.  common plan of development or sale.  FAQ#14: How are undeveloped lots that were partofa common plan of development ors sale A developer may decide not to develop lots that were originally planned for development, or a developer may sell offlots in a common plan of development that siti idle, possibly for a longt time. Here are general guidelines for this situation when an NPDES permit was issued for the common 1. Permit coverage should remain active until all planned construction activity (e.g., phases) is complete. Permit coverage should be renewed (either by the original developer or by a person that permit coverage has been transferred to) as needed until fulll build-out is complete. 2. However, DEP recognizes that plans may change during construction, and therefore may authorize approval ofal Notice of Termination (NOT) for a common plan of development or  under an NPDES permit considered ifthey are developed in the: future?  plan of development or sale:  sale under the following conditions:  a. The construction activity has ceased for at least 90 days; and  b. The permittee certifies as part of the NOT that it has revised its plan and will no longer construct the remaining phases or components oft the common plan; and The permittee demonstrates that the installed PCSM BMPs are adequate to manage the d. All other provisions of2 25 Pa. Code $ 102.7 have been implemented.  post-construction stormwater runoff; and  3. If an application to renew permit coverage is not submitted and the permit expires, any additional earth disturbance associated with the common plan of development or sale is a violation of environmental laws and regulations and enforcement by DEP/CCD may be pursued. Coverage under a new permit may need to be obtained (consultation with the appropriate DEP Regional Office is recommended). In addition, if an NOT is not submitted prior to the expiration date to terminate coverage in compliance with 25 Pa. Code $ 102.7,  enforcement by DEP/CCD may bej pursued.  Common Plan ofDevelopment or Sale FAQ/Finall May 3, 2019/Page 13    4. If, prior to complete buildout of the common plan of development or sale, multiple lots are sold to ai new developer with the intention of developing thosel lots consistent with the original common plan of development or sale, the new developer must seek or maintain permit coverage (regardless of the planned earth disturbance) because these lots are considered part NOTE 14.1 - The term "consistent with" in this context means a lot improvement that is similar to the original common plan (e.g., residential construction will occur on al lot slated for a single-family home under the original common plan, commercial construction will 5. If, prior to complete buildout oft the common plan of development or sale, a single lot is sold toan new developer with thei intention of developing thel lot consistent withi the original common plan of development or sale, the new developer must seek or maintain permit coverage, UNLESS 1)PCSMI BMPs have been installed that adequately manage all stormwater from the 6. If, prior to complete buildout oft the common plan of development or sale, single or multiple lots are: sold to ai new developer(s) with the intention of changing the development plan, it may be considered a new common plan of development or sale for NPDES permitting purposes (e.g., commercial construction that is planned for a lot that was previously part ofa common plan of development for residential construction may be considered a new common plan). NOTE. 14.2-Ifap portion ofa common plan of development or sale is constructed and the NPDES permit is allowed to expire, the remaining portion of that common plan of development or sale is still considered part of the larger original common plan of development or sale (i.e., if an NPDES permit is allowed to expire, the remaining earth disturbance activity is not viewed as ai new or separate common plan of development or  oft the original common plan.  occur on a lot slated for al bank under the original common plan, etc.).  lot, and 2) earth disturbance will be less than one acre.  sale because the permit was not properly terminated).  FAQ#15. - What ifiti is determined that Is should have applied for and received an NPDES Itr may be discovered, during or after construction, that a person should have applied for and received an NPDES permit prior to developing a common plan of development or salel but did not.  permit prior to developing a common plan of development and sale?  Depending on the circumstances, the result could be:  The person is required to cease earth disturbance activities until an NPDES permit is The person is required to install BMPs to address post-construction stormwater, without Either oft the above, and the person may bei required toj pay a civil penalty.  applied for and received; requiring an NPDES permit; or  Itis important, therefore, to contact your local CCD or regional office of DEP to help you  understand when aj permit may be required.  Common Plan of Development or Sale FAQ/Final May 3,2019/P Page 14    FAQ#16- What is a municipality's or county's obligation under 251 Pa. Code S 102.43 as it relates to people who are not the permittee, a co-permittee, or an operator? In accordance with 25 Pa. Code $ 102.43, a municipality or county may not issue a building or other permit or approval, except for local stormwater approvals or authorizations, to those proposing or conducting earth disturbance activities until anl NPDES permit (or other Chapter 102 permit) has been issued or authorized for said earth disturbance activity. This regulatory requirement applies to the project/earth disturbance activity as a whole, and not to an individual Example 16.A - A developer obtains an NPDES permit for a residential subdivision. The developer then sells Lot 2 to an individual, who then hires their own contractor to perform the earth disturbance activity on Lot 2. The municipality may issue a building permit for Lot 2 prior to the property owner or contractor being added as a co-permittee to the NPDES permit. Thisi is because the regulatory requirement is satisfied because the common plan of development or sale  lot or property owner.  and its earth disturbance is covered by an NPDES permit.  Common Plan of] Development or Sale FAQ/Final May 3, 2019/Page 15    Version History  Date 5/3/2019  Version 1.0  Revision Reason  Original  Common Plan of] Development or Sale FAQ / Final May 3, 2019/Page 16